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4th Amendment

Written by olsonaplc-1a7

School: Sioux Central
Class: Olson:APLC
Grade: 11th

The Fourth Amendment should not allow for the searching of a phone unless there is probable cause. There is also a difference in searching a students bag and searches a students phone. Searching a students bag should only be done if there is probable reasoning for it or the school has a good idea or hints that some student has something illegal on them. A phone is a personal piece of information and I believe that before going straight to searching someones phone that the school should have hard proof that its being done. Phones have personal information on them and most of the information the people with the phone do not want anyone to read it. If the person whose phone they are searching has done nothing wrong then what will happen after that? Another thing is if the school suspects a kid of selling drugs or doing drugs then the school should contact police or the kids parents before going straight to searching their phone or cars. The school should be a place for just strictly education and not for seeing how many kids they can bust with the law. If the selling of the drugs and doing of the drugs affects the school and goes on during school hours thats the only way I feel the school should get involved. In order for the police to be able to come into your house they need a warrant to be able to search your house so the school should need the same warrant to search your phone and or car. I also think that in the Unified School District #1 v. Redding case that they shouldn’t have been able to search a thirteen year old just for ibuprofen. Ibuprofen is not an illegal drug it just might be against school policy to carry it but its not as bad as what she could have been carrying. If someone is suspected of carrying illegal drugs then the school should call that person down to the office and call a policeman and their parents. That way the parents are there for the kid and also the police will be able to do a search and not violate any rights as long as the parents are okay with it. Things that schools do sometimes are having random drug searches in the school with drug dogs. What our school does for this is let the drug dogs go by everyone locker and every kid must put their school bag out in the hallway. Then the drug dogs also go outside of the school and around the parking lot to all of the kids vehicles. If the dogs smell anything or sense anything unusual then I think the school has the probable cause that they need to search the bags, lockers, or cars. This can be good for the school because it will help remove the illegal drugs and clean up the school. By doing this the school wont have to worry about the 4th amendment rights or privacy rights.


This post has been awarded the
Bill of Rights Institute Badge (300 points)

Harlan Institute Feedback: Great post!